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David J. Harris

David Harris’s Legal Cases

6 total

  • Pelliccia v. United States Department of Education

    Practice Area:
    Bankruptcy & Debt
    Date:
    May 02, 2003
    Outcome:
    Remand Resulted In Judgment in Favor of Plaintiff
    Description:
    Case Before U.S. Court of Appeals for the Third Circuit that effectively reversed opinions of Federal District Court and U.S. Bankruptcy Court to enable physician's student loan obligation to be discharged on remand.
  • United States of America v. Joseph A. and Phyliss G. Donoto

    Practice Area:
    Chapter 13 Bankruptcy
    Date:
    Sep 26, 2000
    Outcome:
    Bankruptcy Court Decision Affirmed
    Description:
    The District Court held that the proper way to value real estate was to examine the debtors' intended use of the property. As the debtors were not intending to subdivide the property, the Court concluded that the property could be valued as subdividable and was properly valued as one parcel. Accordingly, it ruled that the Bankruptcy court did not err when it found that the value of the property was $186,000 and not in excess of 1,000,000 as argued by the Government. The Government's appeal was therefore denied.
  • Floyd C. and Marian L. Hoffman v. Commissioner of Internal Revenue

    Practice Area:
    Tax
    Date:
    Sep 22, 2009
    Outcome:
    Case Settled By IRS's Withdrawal Of Assessment
    Description:
    Petitioners, Ponzi scheme victims, took a theft loss deduction on their 2000 tax return, using phantom gains and income upon which they previously paid tax to calculate their theft loss basis. The IRS opposed their doing so. A trial was held and prior to the Tax Court's issuing an opinion, the IRS withdrew its objection and assessment in light of its post trial Revenue Ruling 2009-09 to accommodate the Madoff Ponzi scheme victims.
  • Theresa M. Carter, et al v. Vilma Tagnani et al

    Practice Area:
    Guardianship
    Date:
    May 15, 2000
    Outcome:
    Superior Court Reversed Orphans Court
    Description:
    The Pennsylvania Superior Court ruled in favor of the Plaintiffs and reversed the Orphans Court to hold that guardians could not alter the testamentary intention of the guardians' ward by using assets held jointly in the name of the ward and third parties for the needs of the ward to the exclusion of using assets held jointly in their name with the ward.
  • Thomas J. Greco v. United States of America

    Practice Area:
    Tax
    Date:
    Aug 08, 2005
    Outcome:
    Partial Summary Judgment Granted
    Description:
    In a 60-page Opinion, now Third Circuit Judge, Thomas I. Vanaskie, analyzed in great depth the law for determining whether a variety of different types of workers should be classified as independent contractors or employees.
  • Marquis Art & Frame v. City of Wilkes-Barre

    Practice Area:
    Tax
    Date:
    Dec 20, 1996
    Outcome:
    Held in Favor Of Plaintiff
    Description:
    The court held that Plaintiff's picture framing operation qualified for the manufacturing exemption and as a result Plaintiff was not liable for payment of mercantile taxes upon gross received generated by such operation.